NOT DESIGNATED FOR PUBLICATION No. 121,433 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. JAW DAH, Appellant. MEMORANDUM OPINION Appeal from Finney District Court; MICHAEL L. QUINT, judge. Opinion filed April 9, 2021. Affirmed in part, reversed in part, sentence vacated, and remanded with directions. Rick Kittel, of Kansas Appellate Defender Office, for appellant. Tamara S. Hicks, assistant county attorney, Susan Lynn Hillier Richmeier, county attorney, and Derek Schmidt, attorney general, for appellee. Before BRUNS, P.J., BUSER, J., and WALKER, S.J. PER CURIAM: Jaw Dah appeals after a jury convicted him of two counts of aggravated criminal sodomy, two counts of battery, aggravated battery, aggravated assault, three counts of abuse of a child, intimidation of a witness, and criminal threat. We find that Dah's criminal threat conviction must be reversed and remanded to the district court because it is impossible to determine from the record on appeal whether he was found guilty of making an intentional or reckless threat. Based on our review of the record, we find no other reversable error. Thus, we affirm in part, reverse in part, and remand with instructions. 1 FACTS This case arises out of several incidents of violence allegedly committed by Dah against his wife and their two minor children over a period of approximately five years. Dah met his wife in a refugee camp in Thailand, and the couple married in 2007. The family immigrated to the United States from Myanmar, and they ultimately ended up living in Garden City. One of the children was born in Thailand in 2008, and the other was born in Kansas in 2014. On December 11, 2017, Dah's wife went to Family Crisis Services in Garden City and spoke to Maria Ruiz—a survivor services advocate—through a Burmese translator. She told Ruiz that Dah had choked her and hit her in the head with a cell phone. Dah's wife also told Ruiz about previous incidents in which Dah had choked and raped her. Moreover, she reported that Dah hit the children. Dah's wife indicated that she was afraid that Dah would kill her if he found out she was at the crisis center or that she had told anyone about his abuse of her and their children. Ruiz provided safety planning to Dah's wife and offered to have her and the children move into a shelter or a safe house. However, Dah's wife said that she was not ready to move into a shelter at that point in time and indicated that she would contact Ruiz if she believed further intervention was necessary. Two days later, Dah's wife returned to Family Crisis Services and spoke with Ruiz a second time. She told Ruiz that she and her husband had met with a priest and "everything was okay now." Nevertheless, on February 9, 2018, Dah's wife returned to Family Crisis Services a third time and told Ruiz that Dah had threatened to kill her and the children. This time, the staff …
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